Ex Parte Herring

WOODLEY, Judge.

Relator is confined in the penitentiary having been convicted of several felonies. A previous application for release was denied by this court in Ex parte Herring, 156 Texas Cr. Rep. 624, 245 S.W. 2d 705.

One of the convictions against relator is a sentence • dated October 28, 1939, in Cause No. 47,672 in Criminal District Court No. 2 of Harris County, for a term of not less than five nor more than twenty-five years.

Application for habeas corpus was presented to Hon. Langston King, Judge of Criminal District Court No. 2 of Harris County, who presided at the trial in 1939, and…